<p>UNOFFICIAL COPY AS OF 04/05/18 06 REG. SESS. 06 RS BR 373</p><p>AN ACT relating to crimes and punishments. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 507.020 is amended to read as follows: (1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or (b) Including, but not limited to, the operation of a motor vehicle in violation of KRS 189A.010, under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person. (2) Murder is a capital offense. Section 2. KRS 507.040 is amended to read as follows:</p><p>(1) A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including, but not limited to, situations where the death results from the person's: (a) Operation of a motor vehicle in violation of KRS 189A.010; or (b) Leaving a child under the age of eight (8) years in a motor vehicle under circumstances which manifest an extreme indifference to human life and which create a grave risk of death to the child, thereby causing the death of the child.</p><p>Page 1 of 2 BR037300.100-373 UNOFFICIAL COPY AS OF 04/05/18 06 REG. SESS. 06 RS BR 373</p><p>(2) Manslaughter in the second degree is a Class C felony. Section 3. KRS 507A.020 is amended to read as follows: (1) A person is guilty of fetal homicide in the first degree when: (a) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS 507.020(1)(a), he causes the death of an unborn child; except that in any prosecution, a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of fetal homicide in the second degree or any other crime; or (b) Including but not limited to the operation of a motor vehicle in violation of KRS 189A.010, under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to an unborn child and thereby causes the death of an unborn child. (2) Fetal homicide in the first degree is a capital offense. Section 4. KRS 507A.040 is amended to read as follows:</p><p>(1) A person is guilty of fetal homicide in the third degree when he wantonly causes the death of an unborn child, including but not limited to situations where the death results from the person's operation of a motor vehicle in violation of KRS 189A.010. (2) Fetal homicide in the third degree is a Class C felony.</p><p>Page 2 of 2 BR037300.100-373</p>